HOUSE OF MATERIALS, INC. v. SIMPLICITY PATTERN CO.

No. 92, Docket 26968.

298 F.2d 867 (1962)

HOUSE OF MATERIALS, INC., Plaintiff-Appellee, v. SIMPLICITY PATTERN CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 23, 1962.


Attorney(s) appearing for the Case

Amos J. Peaslee, Jr., New York City (Fischer & Shilkoff, Roosevelt, N. Y., Peaslee, Brigham, Albrecht & McMahon, New York City, of counsel), for plaintiff-appellee.

William Simon, Washington, D. C. (Howrey, Simon, Baker & Murchison, and John Bodner, Jr., Washington, D. C., House, Grossman, Vorhaus & Hemley, and Sidney Greenman, and Ira J. Goldstein, New York City, on the brief), for defendant-appellant.

Before CLARK, FRIENDLY and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

Simplicity Pattern Co., Inc. (Simplicity) appeals from a preliminary injunction ordered by Judge Bryan1 which, in effect, requires it to continue business dealings with appellee House of Materials, Inc. (Materials), one of its former customers, pending final disposition of a private antitrust action in which both parties are involved.

The present dispute is the outgrowth of a decision by the Supreme Court...

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